Writ petition challenging certain sections of the Karnataka Co-operative Societies Act under Articles 226 and 227 of the Constitution was dismissed as the Court found the petition to be infructuous owing to the conduct of elections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2021
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.3589 OF 2020 (CS-EL/M)
BETWEEN :
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| 5 . | K V NAGARAJU |
|---|---|
| S/O VENKATARAYAPPA | |
| AGED ABOUT 46 YEARS KAMBALAPALLI VILLAGE, BAGEPALLI TALUK-561207 |
|
| CHIKKABALLAPUR DISTRICT |
|
| MEMBERSHIP NO. 245 | |
| 6 . | S V VENKATRAMAREDDY |
| S/O VENKATAREDDY | |
| AGED ABOUT 55 YEARS | |
| KAMBALAPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 244 |
|
| 7 . | R V RAMACHANDRA |
| S/O R C VENKATASWAMY | |
| AGED ABOUT 40 YEARS | |
| REDDYVARPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 213 | |
| 8 . | MANJUNATH S/O SUBBANNA |
| AGED ABOUT 48 YEARS | |
| GUNTGANAPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 426 | |
| 9 . | NARAYAN REDDY |
| S/O BYRAPPA | |
| AGED ABOUT 52 YEARS | |
| GUNTGANAPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 428 | |
| 10 . | H VENKATRAMAPPA |
| S/O HONURAPPA | |
| AGED ABOUT 46 YEARS | |
| GUNTGANAPALLI VILLAGE, BAGEPALLI TALUK-561207 |
|
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 429 |
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| 11 . | VENNKATESHWARAPPA S/O VENKATARAYAPPA AGED ABOUT 52 YEARS GUNTGANAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 430 |
|---|---|
| 12 . | C NARAYANASWAMY S/O CHIKKAVENKATARAMAPPA AGED ABOUT 50 YEARS GUNTGANAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 431 |
| 13 . | B A SRIHARI REDDY S/O B S ADINARAYANA AGED ABOUT 42 YEARS KARANPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 436 |
| 14 . | T ASHWANARAYANA REDDY S/O K THIMMA REDDY AGED ABOUT 62 YEARS KARANPALLI VILLAGE, BAGEPALLI TALUK-561207 |
| CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 438 |
|
| 15 . | RAMAKRISHNANNAPPA S/O SHIVAPPA AGED ABOUT 58 YEARS LAGUMUDEPALLI VILLAGE, BAGEPALLI TALUK-561207 |
| CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 446 |
|
| 16 . | VENUGOPALREDDY S/O VENKATAPPA AGED ABOUT 56 YEARS LAGUMUDEPALLI VILLAGE, BAGEPALLI TALUK-561207 |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 448 |
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| 17 . | CHINNA KRISHNA |
|---|---|
| S/O VENKATAREDDY | |
| AGED ABOUT 52 YEARS | |
| LAGUMUDEPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 449 | |
| 18 . | V KONDAREDDY |
| S/O C VENKATAREDDY | |
| AGED ABOUT 65 YEARS | |
| LAGUMUDEPALLI VILLAGE, BAGEPALLI TALUK-561207 |
|
| CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 451 |
|
| 19 . | L A RAGUNATHA REDDY |
| S/O ADINARAYAN REDDY | |
| AGED ABOUT 52 YEARS | |
| LAGUMUDEPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 452 | |
| 20 . | VENKATARAMA REDDY S/O RAMAKRISHNAN REDDY |
| AGED ABOUT 55 YEARS | |
| LAGUMUDEPALLI VILLAGE, | |
| BAGEPALLI TALUK-561207 | |
| CHIKKABALLAPUR DISTRICT | |
| MEMBERSHIP NO. 453 |
21 . L R SUDAKARA REDDY S/O L V RAMAKRISHNA REDDY AGED ABOUT 54 YEARS LAGUMUDEPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 455 22 . M SATYANARAYANA S/O MARAPPA AGED ABOUT 44 YEARS MUDILAKANA VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 456
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23 . CHINNAPAPI REDDY S/O PADDAMADANA AGED ABOUT 60 YEARS MUDILAKANA VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 457
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MEMBERSHIP NO. 505
29 . MUDDAMMA W/O S V MUTHYLAPPA AGED ABOUT 56 YEARS, SHANKARAVARAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 506
30 . S M VENKATANARAYANA S/O MUDDIREDDY AGED ABOUT 48 YEARS SHANKARAVARAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 507
31 . SHRINIVAS S/O CHIKKVENKATARAMANAPPA AGED ABOUT 40 YEARS SHANKARAVARAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 508
33 . L NARAYANSWAMY S/O LAKSHANNA AGED ABOUT 49 YEARS TENAKIMARAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 511
34 . J N BAYA REDDY S/O NARASIMHAPPA AGED ABOUT 51 YEARS TENAKIRMARAPALLI VILLAGE, BAGEPALLI TALUK-561207
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CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 512
35 . M VENKATESHAPPA S/O MUNIYAPPA AGED ABOUT 48 YEARS KANAKOUNTAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 523
40 . G NARASHIMAPPA AGED ABOUT 42 YEARS JALAPIGARAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT
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MEMBERSHIP NO. 5030
41 . T RAVI AGED ABOUT 38 YEARS JALAPIGARAPALLI VILLAGE, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT MEMBERSHIP NO. 6134
(BY SHRI PRUTHVI WODEYAR, ADVOCATE)
AND:
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BAGEPALLI, BAGEPALLI TALUK CHIKKABALAPURA DISTRICT-562101 REPRESENTED BY TAHSILDAR …RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1, R2, R5) SHRI G.V. SHASHIKUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2) (A-IV) AND (A-V) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned advocate for the petitioners submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo to this effect and the same be kept in record.
No costs.
Sd/JUDGE
AV
SHOBHA RANI AND OTHERS
STATE OF KARNATAKA AND OTHERS
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court